ENS Statelessness Index Survey 2020: Albania · 2021. 3. 19. · persons identified in Albania. Of this total, 3,874 were men and 3,569 were women. This number is based on the census

ENS Statelessness Index Survey 2020 Albania

1 copy 2020 European Network on Statelessness All rights reserved This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Albania The research for this survey was carried out by Tirana Legal Aid Society (TLAS)

Contents

Contents 1

International and Regional Instruments 2

1954 Convention 2

1961 Convention 2

Other conventions 2

Stateless Population Data 4

Availability and sources 4

Stateless in detention data 5

Statelessness Determination and Status 6

Definition of a stateless person 6

Training 6

Existence of a dedicated SDP 6

Stateless status without a clear identification mechanism (Group 3) 7

Detention 9

Detention screening 9

Alternatives to detention 10

Procedural safeguards 10

Protections on release 12

Return and readmission agreements 12

Prevention and Reduction 13

Stateless born on territory 13

Foundlings 14

Adoption 14

Ius sanguinis 15

Birth registration 15

Reduction 17

Deprivation of nationality 18

Resources 20

Published judgments 20

Pro Bono 20

Literature 20

International and Regional Instruments ndash 2020

2 copy 2020 European Network on Statelessness All rights reserved This country survey is not intended for wider dissemination as a standalone document and should be read in conjunction with (and any reference made to) the Statelessness Index country profile on Albania

International and Regional Instruments

Item Subtheme Question International Norms amp Good Practice Answer Source

IOB1a 1954 Convention

Is your country party to the 1954 Statelessness Convention

UN Convention Relating to the Status of Stateless Persons 1954

Yes United Nations Treaty Collection (UNTC) httpstreatiesunorgPagesshowActionDetailsaspxobjid=0800000280032c0eampclang=_en

IOB1b

If yes when was ratificationaccession

2442003 Official Publishing Centre (OPC) httpsqbzgovalelifz2003411ace9a64-e48a-47dd-b64b-6690eed103f9q=LIGJ20Nr20905720date202442003 Law no 9057 of 2442003

IOB1c

Are there reservations in place Please list them

Best practice is no reservations If there are they should have little or no impact on the rights of stateless people

No reservations UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=0800000280032c0eampclang=_en

IOB1d

Does the Convention have direct effect

Best practice is that the Convention has direct effect though this may depend on the legal regime

Yes Constitution of the Republic of Albania Article 116 httpseuraliuseuindexphpenlibraryalbanian-legislationsend9-constitution178-constitution-of-the-republic-of-albania-en



UN Convention on the Reduction of Statelessness 1961

Yes UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=0800000280035b59ampclang=_en

IOB2b


852003 OPC httpsqbzgovalelifz20034764d3c994-7b15-4228-ad6d-934421bbfd69q=LIGJ2020Nr905920date20852003 Law no9059 of 852003

IOB2c


As above No UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=0800000280035b59ampclang=_en

IOB2d


As above Yes Any international agreement that has been ratified constitutes part of the internal juridical system after it is published in the Official Journal of the Republic of Albania

Constitution of the Republic of Albania Article 116 121 122 httpseuraliuseuindexphpenlibraryalbanian-legislationsend9-constitution178-constitution-of-the-republic-of-albania-en

IOB3a Other conventions

State party to European Convention on Nationality 1997 Please list any reservations

European Convention on Nationality 1997

Yes COE Treaty Office httpswwwcoeintenwebconventionsfull-list-conventionstreaty166signaturesp_auth=S6QDjHd9 Law no 8942 of 1992002

IOB3b

State Party to European Convention on Human Rights 1950 Please list any relevant reservations

European Convention on Human Rights 1950

Yes No reservations COE Treaty Office httpswwwcoeintenwebconventionsfull-list-conventionstreatycountryALBp_auth=S6QDjHd9 Law no8137 of 3171996

IOB3c

State Party to Council of Europe Convention on the avoidance of statelessness in relation to State succession 2006 Please list any reservations

Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession 2006

No COE Treaty Office httpswwwcoeintenwebconventionsfull-list-conventionstreaty200signaturesp_auth=d396YmCF

IOB3d

Bound by Directive 2008115EC of the European Parliament and of the Council (EU Returns Directive) Please list any relevant reservations

Directive 2008115EC of the European Parliament and of the Council (EU Returns Directive)

NA NA

IOB3e

State Party to Convention on the Rights of the Child 1989 Please list any relevant reservations

Convention on the Rights of the Child 1989

Yes No reservations UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=0800000280003089ampclang=_en Law no 7531 of 11121991

IOB3f

State Party to International Covenant on Civil and Political

International Covenant on Civil and Political Rights 1966

Yes No reservations UNTC httpstreatiesunorgPagesshowAct



Rights 1966 Please list any relevant reservations

ionDetailsaspxobjid=080000028000589aampclang=_en Law no 7510 of 881991

IOB3g

State Party to International Covenant on Economic Social and Cultural Rights 1966 Please list any relevant reservations

International Covenant on Economic Social and Cultural Rights 1966

Yes No reservations UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=080000028002bae2ampclang=_en Law no 7510 of 1381991

IOB3h

State Party to Convention on the Elimination of all Forms of Discrimination Against Women 1979 Please list any relevant reservations

Convention on the Elimination of all Forms of Discrimination Against Women 1979 Gen Rec 32 on the gender-related dimensions of refugee status asylum nationality and statelessness


IOB3i

State Party to Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment 1984 Please list any relevant reservations

Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment 1984

Yes No reservations UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=080000028003dfe6ampclang=_en Law no 7727 of 3061993

IOB3j

State Party to International Convention on the Elimination of All Forms of Racial Discrimination 1966 Please list any relevant reservations

International Convention on the Elimination of All Forms of Racial Discrimination 1965

Yes No reservations UNTC httpstreatiesunorgPagesshowDetailsaspxobjid=0800000280008954ampclang=_en Law no7768 of 9111993

IOB3k

State Party to the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families 1990 Please list any relevant reservations

International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families 1990

Yes No reservations UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=080000028004b0d3ampclang=_en Law no9703 of 242007

IOB3l

State Party to the Convention on the Rights of Persons with Disabilities 2006 Please list any relevant reservations

Convention on the Rights of Persons with Disabilities 2006

Yes No reservations UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=080000028026f1c0ampclang=_en Law no 1082012 of 15112012

Stateless Population Data ndash 2020


Stateless Population Data


POP1a Availability and sources

Does the Government have a lsquostatelessrsquo category in its data collection systems (eg census) Please list available figures for the total stateless population on the territory and describe how data is disaggregated (eg by sex age residence)

Gen Rec 32 CEDAW States parties should gather analyse and make available sex-disaggregated statistical data and trends Council of the European Union (2015) Recognise the importance of exchanging good practices among Member States concerning the collection of reliable data on stateless persons as well as the procedures for determining statelessness UNHCR (2014) Improve quantitative and qualitative data on stateless populations Institute on Statelessness and Inclusion (2014) States should strengthen measures to count stateless persons on their territory

According to the most recent population data gathered through the 2011 national census and compiled by the Albanian Institute of Statistics (INSTAT) there were 7443 stateless persons identified in Albania Of this total 3874 were men and 3569 were women This number is based on the census questionnaire based on individualsrsquo answers and self-perception Segregation based on gender is the only segregation provided from the census

Census data is available at httpwwwinstatgovalaltematcensetcensusi-i-popullsisC3AB-dhe-banesavetab2

POP1b

Do government authorities define data categories that may overlap (eg unknown nationality) or where stateless people might be more highly represented (eg Palestinian) Please explain and provide any available figures

As above No There is no further data available regarding the demographics of these individuals except the gender distribution (3874 men and 3569 women based on 2011 census) It is to be emphasised that there are no official data on the number of persons with unknown nationality or at risk of statelessness who are children for example or minorities or any other special categories The most accurate figures currently available were collected by TLAS in the Mapping report conducted jointly with UNHCR and published in May 2018

TLAS and UNHCR Report on Mapping of the Population at Risk of Statelessness in Albania May 2018 httpwwwtlasorgalsitesdefaultfilesMapping20of20the20population20at20risk20of20statelessness_englishcompressedpdf

POP1c

What is UNHCRrsquos estimate for the statelessat risk of statelessness population and what is the source for this estimate

As above UNHCR has supported the work of TLAS in providing legal support for identified cases of persons at risk of statelessness and also work in supporting efforts to gather and evidence data regarding statelessness The Mapping report was the result of that joint work from which 1031 persons at risk of statelessness were identified


POP1d

Have there been any surveys or mapping studies to estimate the stateless population in the country

As above See 1c above

POP1e

Are there any other sources of estimates for the stateless population not covered by the above Please list sources and figures

As above The Law on Civil Status was amended in 2018 and provides for the creation of an electronic module in which data will be reflected only for cases of births reported and unregistered in the National Registry of Civil Status Civil status offices are in charge to register any birth that is reported from the maternity houses but is still unregisteredundeclared by the persons entitled to register the birth A sublegal act is in force that provides for the creation administration and updates on this register This is a new legal and practical tool in place to track and identify potential cases of unregisteredat risk of statelessness persons As the tool is still being rolled out data is not yet available

Law on Civil Status 692018 Article 4112 httpsqbzgovalsearchq=ligj20per20gjendjen20civile

POP1f

Are there issues with the reliability of data or indications that the stateless population may be overunder reported If yes please describe

As above The last population census of 2011 gave an approximation of the total number of persons self-declared as stateless without any further indicative distribution or segregation except for gender distribution The available data gathered from the census does not make the distinction if the stateless cases reported are persons that based on legal definition were indeed stateless unregistered undocumented or at risk of statelessness It is considered that the census data is outdated and the successor census is on the way by the National Institute on Statistics foreseen to be conducted in 2022 TLAS has provided a set of recommendations to INSTAT on specifying the nature of data gathering for statelessness The 7443 number of stateless people reported from the last 2011 census is considered to have been significantly reduced due to the legal access to registration support provided by TLAS and supported in years by International Organisations (eg UNHCR) This

TLAS Information on the new population census to be conducted in 2020 available at httpwwwinstatgovalaltematcensetcensusi-i-popullsiseuml-dhe-banesave



was also indicated by the TLAS-UNHCR mapping report which confirmed that the number of persons at risk of statelessness (1031) is much lower than the number reported from the census

POP1g

Please provide any available figures for stateless refugees andor asylum-seekers and clarify if the Government also counts these groups in figures for the stateless population (ie to avoid underover-reporting)

As above The Government does not provide disaggregated figures for the stateless population other than the gender distribution from the census The only available public data is from the National Institute on Statistics (INSTAT) Statistics on foreigners with residence permits and asylum seekers in Albania are included for the first time in the Official Statistics Program 2017-2021 of INSTAT Through Cooperation Agreements with institutions their availability has been made possible since 2017 with a dedicated publication Data on foreigners are provided by the Department of Borders and Migration while data on asylum seekers and citizenship are provided by the Ministry of Internal Affairs From the last publication from INSTAT in 2018 the number of foreigners with residence permits in Albania was 14162 marking an increase of 97 compared to 2017 This is the last updated information published According to the Directorate of Asylum and Citizenship at the Ministry of Internal Affairs there were 4386 persons seeking asylum in 2018 compared to 309 in 2017 In 2018 most asylum seekers originated from Syria (2150) Pakistan (645) Iraq (447) Palestine (292) Algeria (227) and Morocco (227) During 2018 there were 16 positive decisions granting refugee status and subsidiary protection status to asylum seekers including from Palestine During 2018 there were 78 suspension and leave decisions for asylum seekers including from Syria

Statistics available from INSTAT (ALB) httpwwwinstatgovalmedia6180te-huajt-dhe-azilkerkuesit-ne-shqiperi-2018pdf

POP2a Stateless in detention data

Does the Government record and publish figures on stateless people held in immigration detention If yes please provide

As above and see also norms in Detention section

There is no information from INSTAT or any other public source on the number of stateless people held in detention The only available data from INSTAT is on foreigners with irregular status The latest data of 2018 shows that 6893 people in 2018 compared to 1049 in 2017 were identified on the territory of Albania or at the border without the necessary documentation The most common recorded nationalities were Syria (3089) Pakistan (1246) Iraq (671) Palestine (395) Algeria (378) and Morocco (344) with 770 from other countries


POP2b

Does the Government record and publish figures on people released from immigration detention due to un-removability If yes please provide

As above No

Stateless Determination and Status ndash 2020


Statelessness Determination and Status


SDS1a Definition of a stateless person

Is there a definition of a stateless person in national law Do the definition and exclusion provisions align with the 1954 Convention Please provide details

UN Convention Relating to the Status of Stateless Persons 1954 Articles 1(1) amp 1(2)

Article 32 of the Law on Foreigners defines a stateless person as ldquoa person who is not a national of any staterdquo This definition falls short of the 1954 Convention definition of a stateless person as someone who is ldquonot considered as a national by any state under the operation of its lawrdquo Failure to include the phrase ldquounder the operation of its lawrdquo in the Albanian law is a gap affecting persons that should have a nationality but have been denied their nationality due to non-implementation (or discriminatory implementation) of the law In the absence of a procedure to identify and protect stateless persons the impact of this gap may be less obvious in practice but it is a significant one nonetheless as it can result in stateless people not being identified and being denied protection

TLAS and UNHCR Report on Mapping of the Population at Risk of Statelessness in Albania May 2018 httpwwwtlasorgalsitesdefaultfilesMapping20of20the20population20at20risk20of20statelessness_englishcompressedpdf Article 32 Law 1082013 on Foreigners as amended (ALB) httpsqbzgovaleliligj20130328108-20137b4de4bf-3cef-4c4b-a5f5-d5c6743f1f05q=ligj20per20te20huajt

SDS1b Training

Is there training to inform different government bodies about statelessness If yes please provide details (eg who provides training to whomhow often)

UNHCR Executive Committee (2006) Requests UNHCR to actively disseminate information and where appropriate train government counterparts on appropriate mechanisms for identifying recording and granting a status to stateless persons

There are no dedicated trainings from the government bodies about statelessness TLAS is the only organisation in Albania that has regularly conducted dedicated trainings on statelessness supported by International donors and partners such as UNHCR ENS US Embassy etc

TLAS

SDS1c

Is there training for judges and lawyers on statelessness If yes please provide details (eg provider frequency)

UNHCR (2016) Officials who may be in contact with stateless persons need to be trained to identify potential applicants for stateless status and refer them to appropriate channels UNHCR (2010) It is recommended that States provide specialised training on nationality laws and practices international standards and statelessness to officials responsible for making statelessness determinations

The institution in charge to conduct continuous trainings for judges and prosecutors is the School of Magistrates The curriculum of the trainings over the years is publicly available From a review of the curricula it can be identified that there has never been any training on statelessness The institution in charge of delivering continuous trainings for lawyers is the School of Advocacy The activity of the school is recent and the continuous trainings are not yet effective in practice There are just two pilot districts of the regional Bar Chambers that have set up a continuous training curriculum and these do not include any training on statelessness

Curricula of the school of magistrates (ALB) httpswwwmagjistraturaedual1121 Information on the training curricula of the School of Advocacy (ALB) httpwwwdhkaorgalindexphptrajnimetkalendari-i-arsimit-ligjor-vazhdues

SDS1d Existence of a dedicated SDP

Which of the following best describes the situation in your country Choose only one and then proceed to question indicated 1 There is a dedicated statelessness determination procedure (SDP) established in law administrative guidance or judicial procedure leading to a dedicated stateless status (proceed to Question 2a) 2 There is no dedicated SDP leading to a dedicated stateless status but there are other procedures in which statelessness can be identified (eg partial SDPs with no statusrights attached residence permit or naturalisation applications refugee status determination ad hoc procedures etc) or other routes through which stateless people could regularise their stay andor access their rights (proceed to Question 10a)

UNHCR (2014) It is implicit in the 1954 Convention that States must identify stateless persons to provide them appropriate treatment to comply with their Convention commitments UNHCR (2016) Establishing a statelessness determination procedure is the most efficient means for States Parties to identify beneficiaries of the Convention

3 There is a dedicated stateless status but no formal procedure for determining this



3 There is a dedicated stateless status but no formal procedure for determining this (proceed to Question 16a)

SDS16a

Stateless status without a clear identification mechanism (Group 3)

Is there a stateless status even if no formal procedure exists for determining this If yes how are stateless people identified and what rights are attached to the status (eg right to reside travel documents work healthcare social security education housing family reunification right to vote etc) Please provide details

UN Convention Relating to the Status of Stateless Persons 1954 UNHCR (2014) The status granted to a stateless person in a State Party must reflect international standards

There is no formal procedure for granting stateless status The Law on Foreigners provides for the recognition of a foreign document that recognises the stateless status of a person It stipulates Foreign travel documentrdquo is the document issued by the competent authorities passport identity card or passport or any other certificate or document in accordance with an agreement or international law proving the identity andor nationalitystateless status of the holder for travel purposes Article 3 of the 2013 Law on Foreigners also foresees the possibility of issuing travel documents or residence permits on humanitarian grounds to stateless status holders who are ldquodetermined by competent authoritiesrdquo to be so However Albanian law does not provide a special status for stateless people nor a statelessness identification mechanism or a status determination procedure Due to the lack of a law on statelessness the legal status of stateless persons is not governed by any regulation and law

The Decision of the Council of Ministers no 442 dated 15062016 approved for the first time the form and the content of the travel document for stateless persons and foreigners There is no evidence of practice to suggest stateless persons are issued with this travel document andor allowed to leave the country

Although there is no statelessness determination procedure nor any rights attached to the status itself there are certain rights recognised to stateless people in domestic legislation According to law no1082013 a stateless person can apply for a legal residency based on humanitarian grounds Though the stateless person must present a document proving their statelessness

Stateless persons (like refugees) are eligible to apply for state social services as foreseen by law no1212016 (article 5) Everyone in Albania is entitled to education and work (articles 49 and 57 of the Constitution)

The right to vote in the Republic of Albania is limited only to nationals under the Constitution

Stateless people with legal residency or who enter Albania legally are entitled to legal aid either consisting of paralegal and counselling or representation before the courts or administrative bodies

However all these rights lack effectiveness in practice as the administrative process of registrationapplication for these services requires a formal procedure and sometimes mandatory proof of identity or accompanying documents Stateless persons persons at risk of statelessness and undocumented persons are unable to access the formal administrative procedure to registerapply and so lack access to the rights set in law

TLAS Law 1082013 as amended (ALB) httpsqbzgovaleliligj20130328108-20137b4de4bf-3cef-4c4b-a5f5-d5c6743f1f05q=ligj20per20te20huajt Decision of the Council of Ministers no 442 of 15062016 (ALB) httpsqbzgovalelivendim20160615442ca81f402-30b8-430d-95e0-4baf8622a63aq=per20te20huajt20 Law no1212016 On State Social Services (ALB) httpsqbzgovaleliligj20161124121-2016858a0659-03b8-4ef6-982a-dc9340e41d4cq=ligj20per20sherbimet20e20kujdesit20shoqeror Constitution of the Republic of Albania (English version from EU Mission to Albania Euralius) httpseuraliuseuindexphpenlibraryalbanian-legislationsend9-constitution178-constitution-of-the-republic-of-albania-en Law no 1112017 On State Guaranteed Legal Aid httpseuraliuseuindexphpenlibraryalbanian-legislationsend21-legal-aid232-law-on-legal-aid-en

SDS16b

Do stateless people have access to nationality If yes please describe the procedure and requirements including whether there are any requirements relating to lsquogood characterrsquo or previous criminal

UN Convention Relating to the Status of Stateless Persons 1954 Article 32 UNHCR (2016) It is recommended that States Parties facilitate as far as possible the naturalisation of stateless persons Council of Europe Committee of Ministers (1999) Each State should facilitate the acquisition of its

Yes A stateless person may naturalise as Albanian if they - Reside legally and have resided for a continuous period of not less than seven years on the territory of the Republic of Albania and have obtained a permanent residence permit valid at the time of application according to the Law on Foreigners

Law On Nationality Article 82 (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine



convictions Please refer to exemptions for stateless people from any nationality or integration test language income or fee requirements

nationality by stateless persons lawfully and habitually resident on its territory States should ensure that offences when relevant for the decision concerning the acquisition of nationality do not unreasonably prevent stateless persons seeking the nationality of a state

- Have not been convicted by a final court decision in their country in the Republic of Albania or in any third country for criminal offences for which Albanian law provides a sentence of not less than three years of imprisonment Exception to this rule is made only in those cases when it is proven that the sentence was given for political motives - Do not pose a threat to public order and national security of the Republic of Albania Stateless people are not required to fulfil any other conditions to naturalise There is no stipulation for a fee in law but applicants currently pay approximately 50 EUR in practice

Detention ndash 2020


Detention


DET1a Detention screening

Are immigration detention powers provided for in law Please provide the legal source(s)

ICCPR Article 9(1) ECHR Article 5 (1)

Yes Detention powers are provided for in the Law on Foreigners If a person becomes subject to deportation by the authority responsible for borders and migration they are detained in a closed centre until the deportation order is executed If there are other alternative possibilities the implementation of temporaryinterim measuresalternatives have priority Procedures for the treatment of foreign nationals with irregular residence in Albania are set out in Instruction no 293

Law no 1082013 On Foreigners as amended by law no 132020 (ALB) httpsqbzgovalsearchq=ligj20per20te20huajt Instruction no 293 of 462015 (ALB) httpsqbzgovaleliudhezim20150604293d814e07d-16f4-4886-baf2-8f82131297c5q=Kriteret20procedurat20dhe20forma20e20urdhrit20teuml20maseumls20seuml20peumlrkohshme

DET1b

Does domestic law allow immigration detention for purposes other than those listed under ECHR 5(1)(f)

ECHR Article 5(1)(f) No Domestic legislation is in compliance with article 5(1)(f) of ECHR

Article 1152 of Law no 1082013 On Foreigners as amended

DET1c

Does a proposed country of removal need to be identified before a person is detained for removal Please describe the situation in law and in practice

ICCPR Article 7 Repeated attempts to expel a person to a country that refuses to admit them could amount to inhuman or degrading treatment Auad v Bulgaria ECtHR (2011) The only issue is whether the authorities were sufficiently diligent in their efforts to deport the applicant EU Returns Directive Any detention shall only be maintained as long as removal arrangements are in progress and executed with due diligence

Yes the country of removal should be identified before issuing the deportation order and consequent detention measure Article 1098 stipulates the foreigner shall be informed in writing in the language they understand or at least in English of the administrative measure of deportation against them explaining the reasons the date and place of execution the manner of transportation to the place of destination and the term of entry ban The format of the deportation order issued by the authority responsible for borders and migration is approved by instruction of the Minister of Interior Article 1112 stipulates that the deportation order should also contain personal data reasons period of prohibition of entry into Albania in case of readmission the state of readmission date of departure manner of execution and the border crossing point of departure

Article 1098 and 1112 of Law no 1082013 On Foreigners as amended

DET1d

Is statelessness juridically relevant in decisions to detain Please describe how (risk of) statelessness is identified and whether referral to an SDP is possible from detention

Auad v Bulgaria ECtHR (2011) Mikolenko v Estonia ECtHR (2009) Detention may only be justified as long as deportation proceedings are being conducted with due diligence UNHCR (2014) Routine detention of individuals seeking protection on the grounds of statelessness is arbitrary Equal Rights Trust (2012) States must identify stateless persons within their territory or subject to their jurisdiction as a first step towards ensuring the protection of their human rights International Commission of Jurists (2014) The detention of stateless persons can never be justified when there is no active or realistic progress towards transfer to another State

There is no SDP procedure in place and according to available information statelessness is not identified in detention decisions The authorities rely exclusively on the documents the person might possess and their declaration andor communication with the border police based on the documents used when crossing the border

TLAS information gathered from review of state officials practice and shared information with partners

DET1e

Are stateless people detained in practice

There is no data to indicate that stateless people are detained in practice However as there are no specific juridical considerations given to statelessness in the deportation and detention procedure it cannot be excluded that there may be cases of stateless people detained The Ombudsperson has the authority to make periodic visits to detention centres and there are some reports and recommendations addressed to the closed centre of detention for foreigners None of the reports identify any issues regarding statelessness nor any recommendations

Reports of Albanian Ombudsperson (ALB) httpswwwavokatipopullitgovalsqcategoriesmechanisms-against-torturepolicearticle

DET1f

Does law (andor policy) provide that immigration detention should be used only as a last resort after all alternatives have been exhausted in each individual case

UNHCR (2014) Detention is a measure of last resort and can only be justified where other less invasive or coercive measures have been considered and found insufficient EU Returns Directive Article 15(1)

The law does not explicitly stipulate that immigration detention should be used only as a last resort Article 1152 states that Interim measures are taken as alternative measures of detention hellip subject to deportation based on a case-by-case review without affecting the guarantee of the execution of the deportation order Interim measures can be taken after the deportation order is issued and can replace the detention measure in a closed centre after this has been executed It is unclear how this operates in practice and




whether alternative measures are always considered prior to detention

DET1g

Are individual vulnerability assessments carried out before a decision to detain (or soon after) Please note whether statelessness is considered to be a factor increasing vulnerability

ENS (2015) Arbitrary and disproportionately lengthy detention can ensue when the particular vulnerabilities of stateless people are not addressed EU Returns Directive Article 16(3) EU Returns Handbook (2017) Attention should be paid to the specific situation of stateless persons Council of the European Union (2013) European entities should assess the situation of LGBTI persons in detention

The law provides for vulnerability considerations while executing the deportation order but statelessness is not stipulated by law as a factor increasing vulnerability The law provides that the best interests of the child vulnerable persons family life and health conditions should be taken into account and voluntary execution of a removal order may be postponed for an appropriate period (more than 30 days) taking into account specific including eg children in school liquidation of financial obligations recovery from health issues Article 3 of the law defines Vulnerable persons as foreign minors unaccompanied minors persons with disabilities the elderly pregnant women single parents with minor children and persons who have been subjected to torture rape or other forms of torture or other serious psychological physical and sexual abuse There are no legal provisions on how vulnerability considerationsare assessed in practice


DET2a Alternatives to detention

Are alternatives to detention established in law and considered prior to any decision to detain

ICCPR Article 9 FKAG v Australia HRC (2013) Any decision relating to detention must consider less invasive means of achieving the same ends UN General Assembly (2009) Calls upon all States to adopt alternative measures to detention UNHCR (2014) Detention can only be justified where other less invasive or coercive measures have been considered and found insufficient Human Rights Council (2012) The obligation to always consider alternatives before resorting to detention should be established by law EU Returns Directive Article 15(1) Equal Rights Trust (2012) States have an obligation to consider and apply appropriate and viable alternatives to immigration detention that are less coercive and intrusive International Detention Coalition (2015) Immigration detention should be used only as a last resort in exceptional cases after all other options have been shown to be inadequate in the individual case

Article 1211 stipulates that detention in a closed centre is the last administrative measure taken and executed by the state authority responsible at the regional level for the treatment of foreigners against the foreigner for whom a deportation order has been issued based on a case-by-case assessment when all possible alternative measures have been executed or when the assessment considers that these measures cannot be applied Article 1152 states that Interim measures are taken as alternative measures of detention in a closed centrehellip based on a case-by-case review without affecting the guarantee of the execution of the deportation order Interim measures can be taken after the deportation order is issued and can replace the detention measure after this has been executed Instruction no 293 provides that the state authority responsible at the regionallocal level for the treatment of foreigners applies oneseveral temporary alternative detention measures in the Closed Centre based on a case-by-case assessment On request the authority may replace detention with the measure obligation to appear During detention the centre authority may examine and propose to the responsible central state authority the replacement of detention with temporary measures The central state authority reviews and decides the proposal within 10 days If approved the central state authority determines the alternative measure and the manner of its execution The decision is entered in the national electronic register for foreigners (module Irregular foreigners) by the state authority responsible for regionallocal treatment of foreigners who is designated to execute the interim measure

Law no 1082013 On Foreigners and Instruction no 293 of 462015

DET2b

Is there evidence that immigration detention is used in practice prior to all alternatives being considered

As above

There is no evidence in practice to support this

TLAS practice and research

DET3a Procedural safeguards

Is there a maximum time period for immigration detention set in law What is it

UN Human Rights Council (2010) A maximum period of detention must be established by law and upon expiry the detainee must be automatically released UNHCR (2012) To guard against arbitrariness maximum periods of detention should be set in national law EU Returns Directive Article 15(5) Equal Rights Trust (2012) Detention should always be for the shortest time possible

Yes Article 123 of the law provides for a maximum time period of up to 6 months At the proposal of the centre authority the central authority responsible for borders and migration may extend this for up to a further 6 months if departure has been impossible due to the individual refusing to provide personal data information or travel documents necessary for return or providing false information the individual preventing or blocking return a justified delay in a foreign authority issuing documents necessary for return The law puts the burden on the individual to prove their identity which leads to the extension of detention




DET3b

Does lawpolicy provide that individuals must be informed in writing of the reasons for their immigration detention

UN General Assembly (1988) Anyone who is arrested shall be informed at the time of the reason for his arrest EU Returns Directive Detention shall be ordered in writing with reasons being given in fact and in law Equal Rights Trust (2012) Stateless detainees shall receive their order of detention in writing and in a language they understand International Commission of Jurists (2014) The authorities shall ensure that sufficient information is available to detained persons in a language they understand on the nature of their detention and reasons for it

Yes Article 1112 stipulates that the deportation order is notified to the individual in writing in the language they understand or at least in English and contains their personal information reasons for the deportation order period of prohibition of entry into Albania the state of readmission if readmission applies date of departure manner of execution and border crossing point of departure The state authority responsible at the regionallocal level for the treatment of foreigners is responsible for notifying the individual according to Instruction no 293

Article 1112 of Law no 1082013 On Foreigners as amended and Instruction no 293 of 462015

DET3c

Are detainees provided with information on their rights contact details of legal advice and support providers and guidance on how to access an SDP

Equal Rights Trust (2012) Detaining authorities are urged to provide stateless detainees with a handbook in a language and terms they understand containing information on all their rights and entitlements contact details of organisations which are mandated to protect them NGOs and visiting groups and advice on how to challenge the legality of their detention and their treatment as detainees

As there is no SDP set by law there is no information and guidance on accessing a procedure to determine statelessness The law states that detainees must be provided in the language they understand or at least in English with information about any action by the responsible authorities to keep them in the centre Detainees have the right to humane treatment with adequate food legal assistance at all times healthcare to inform their consular representative and to appeal to the district court for a violation of fundamental rights at the centre of The Ombudsperson made a clear recommendation about detaineesrsquo access to rights during their last monitoring visit to the only closed centre in Albania (located in Karreccedil) They recommended the responsible authority take immediate steps to make available to persons deprived of their liberty comprehensive documentation access to rights and rules of life in the centre in a language understandable to all and improve the dissemination of information for asylum seekers and vulnerable groups The Council of Europersquos Committee for the Prevention of Torture (CPT) report on its first and only visit to Albania (including Karrec) in November 2018 stressed that all foreign nationals interviewed by the delegation complained vigorously about the almost total lack of information about their rights and the legal procedures applied to them The CPT recommends that the Albanian authorities ensure that all foreign nationals are expressly informed without delay and in a language they understand of their rights and the procedure applicable to them (including any legal remedies)

Article 127 of Law no 1082013 On Foreigners as amended Monitoring report of Ombudsperson 2019 (ALB) httpswwwavokatipopullitgovalmediamanagerwebsitemediaRekomandim20mbi20inspektimin20e20qendres20se20mbyllur20per20te20huajt20KARECpdf CPT Report 2018 p6 httpsrmcoeint168097986b

DET3d

Are there regular periodic reviews of detention before a court or independent body which can order release

Kim v Russia ECtHR (2014) The purpose of Article 5(4) ECHR is to guarantee to persons who are detained the right to judicial supervision of the lawfulness of the measure Equal Rights Trust (ERT) (2012) To avoid arbitrariness detention should be subject to automatic regular and periodic review throughout the period of detention before a judicial body independent of the detaining authorities

There are no provisions for ex officio regular periodic reviews of detention

DET3e

What remedies are available to challenge detention Please mention any obstacles to accessing effective remedies in practice

ICCPR Article 9(4) ECHR Article 5(4) Kim v Russia ECtHR (2014) The purpose of Article 5(4) ECHR is to guarantee to persons who are detained the right to judicial supervision of the lawfulness of the measure Alimuradov v Russia ECtHR (2019) The individual must have at their disposal a procedure for judicial review of the lawfulness of detention capable of leading to release

The law guarantees the right to appeal to the court of the judicial district at any time after the written notification of detention or extension The court of the judicial district examines with priority the legality of detention and decides whether it should continue or to release the individual The appeal deadlines are defined in law The decision of the district court may be appealed to the Court of Appeal and follows general rules of exhaustion of domestic remedies The Ombudspersonrsquos latest report urges the authorities to take action to ensure access to rights and information for detainees which indicates that implementation is problematic There are also barriers to accessing legal aid (see DET3g)

Article 122 of Law no 1082013 On Foreigners as amended Monitoring report of Ombudsperson 2019 (ALB) httpswwwavokatipopullitgovalmediamanagerwebsitemediaRekomandim20mbi20inspektimin20e20qendres20se20mbyllur20per20te20huajt20KARECpdf



DET3f

Are there guidelines in place governing the process of re-documentation and ascertaining entitlement to nationality for the purpose of removal

Equal Rights Trust (2012) The inability of a stateless person to cooperate with removal proceedings should not be treated as non-cooperation ENS (2015) The detaining state should have rules in place that govern the process of re-documentation and or ascertaining entitlement to nationality

There are no such rules and guidelines in place

DET3g

Is free legal aid available to challenge detention Please describe any barriers to accessing legal aid in practice

UNHCR (2014) Judicial oversight of detention is always necessary and detained individuals need to have access to legal representation including free counselling for those without means EU Returns Directive Article 13(3)

The Law on State Guaranteed Legal Aid defines the forms conditions procedure rules and beneficiaries of state legal aid Legal aid is guaranteed to Albanian nationals residing or staying in Albania foreign nationals or stateless persons with a temporary or permanent residence permit foreign nationals or stateless persons who entered legally and benefit on the basis of international agreements or the principle of reciprocity asylum seekers refugees and those appealing asylumrevocation decisions People who enter or stay irregularly or are undocumented or subject to a deportation order or are detained are not entitled to legal aid Stateless people are entitled to legal aid but without an SDP they face obstacles to accessing legal aid A Decision of the Council of Ministers and the Internal Regulation of the Closed Centre provide that detained foreigners accommodated in the closed centre have the right to receive individual medical legal and social assistance However legal aid is not provided in practice The Ombudsperson has reported shortcomings and violations in the provision of health psychosocial and legal service in the closed centre

Article 10 law no 1112017 On State Guaranteed Legal Aid Decision of the Council of Ministers (DCM) and Internal Regulation of the Closed Centre approved by Order No 117 of 09022010 of the General Director of the State Police Monitoring report of Ombudsperson 2019 p6 (ALB) httpswwwavokatipopullitgovalmediamanagerwebsitemediaRekomandim20mbi20inspektimin20e20qendres20se20mbyllur20per20te20huajt20KARECpdf)

DET4a Protections on release

Are people released from detention issued with identification documents (including confirmation of their stateless status) and protected from re-detention

UN Convention Relating to the Status of Stateless Persons 1954 Article 27 UNHCR (2014) Being undocumented cannot be used as a general justification for detention ENS (2015) State parties to the 1954 Convention have an obligation to provide stay rights to stateless people who have been released from detention Equal Rights Trust (2012) Released stateless detainees should be provided with appropriate documentation and stay rights suitable to their situation

No TLAS

DET4b

If the purpose of detention cannot be fulfilled and the person is released what legal status and rights are provided to them in law

Saiumld Shamilovich Kadzoev v Direktsia Migratsiarsquo pri Ministerstvo na vatreshnite raboti ECJ (2009) After the maximum period of detention has expired the person must be released immediately A lack of valid documentation or inability to support themselves should not be a deterrent to release Equal Rights Trust (2012) Released stateless detainees should be provided with appropriate documentation and stay rights suitable to their situation

During the period of detention in the closed centre the authority responsible for borders and migration in cooperation with the authority of the closed centre examines the existence of conditions for keeping the detained foreigner in the centre Depending on the assessment the authority responsible for the borders and migration may decide to replace detention with appropriate temporary measures Temporary measures that replace detention do not affect the guarantee of execution of the deportation order so the individual continues to hold the same legal status and rights which do not change

Article 123 and 115-119 of Law 1082013 on Foreigners as amended

DET4c

If re-detention occurs is the cumulative time spent in detention counted towards any maximum time limits

Equal Rights Trust (2012) When calculating the total time spent by an individual in detention it is highly desirable that time spent in detention on previous occasions is taken into consideration

No There is no stipulation in law providing for the cumulative count of time spent in detention

TLAS

DET5a Return and readmission agreements

Is statelessness considered a juridically relevant fact in any bilateral readmission andor return agreements

UNHCR (2014) Efforts to secure admission or readmission may be justified but these need to take place subsequent to a determination of statelessness

No Statelessness is not considered in any bilateral readmissionreturn agreements as there is no SDP in place

TLAS

DET5b

Are you aware of cases of cases of stateless people being returned under such agreements

No information available TLAS research and shared information from other partners

Prevention and Reduction ndash 2020


Prevention and Reduction


PRS1a Stateless born on territory

Is there a provision in law for stateless children born on the territory to be granted nationality [If yes continue to PRS1b If no proceed to PRS1h]

UN Convention on the Reduction of Statelessness 1961 Article 1 European Convention on Nationality 1997 Article 2 Convention on the Rights of the Child 1989 Article 7 Committee on the Rights of Migrant Workers and Members of their Families amp Committee on the Rights of the Child (2017) States should strengthen measures to grant nationality to children born in their territory in situations where they would otherwise be stateless European Parliament (2018) The EU and its MS should ensure that childhood statelessness is adequately addressed in national laws in full compliance with Article 7 CRC

Yes The Albanian law ldquoOn Nationalityrdquo stipulates that lsquoA child born or found within the territory of the Republic of Albania and who may remain stateless acquires Albanian nationalityrsquo

Article 71 of law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine

PRS1b

Is the provision for otherwise stateless children to acquire nationality automatic or non-automatic (ie by application)

UNHCR (2012) The 1961 Convention provides Contracting States with two alternatives for granting nationality to otherwise stateless children born in their territory either automatic acquisition upon birth or upon application ENS (2015) The 1961 Convention and the ECN oblige the conferral of nationality to otherwise stateless children born on the territory The optimal method is to grant nationality automatically at birth

The provision is automatic once proven at registration that the child is born on the territory and lsquomay remain statelessrsquo These facts are proven by the birth notification certificate and the child is registered immediately

Article 71 of law no 1132020 ldquoOn Nationalityrdquo(ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine Articles 40-41 Law 10129 of 11052009 On Civil Status as amended

PRS1c

Is it a requirement that the parents are also stateless for the otherwise stateless child to acquire nationality

UNHCR (2012) The test is not an inquiry into whether a childrsquos parents are stateless ENS (2015) Only allowing access to nationality for stateless children whose parents are stateless fails to account for the circumstance where the parents hold a nationality but are unable to pass this on

No Statelessness of the parents might be one of the reasons but the provision is not limited to this Albanian nationality is granted to the otherwise stateless child for every reason that might leave them stateless The law is silent on how a parent might prove their statelessness Based on practice the authorities should act on the basis of parentsrsquo declarations

Article 71 of law no 1132020 ldquoOn Nationalityrdquo(ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine

PRS1d

Are stateless children required to prove they cannot access another nationality to acquire the nationality of the country of birth If yes please describe how this is determined in practice

UNHCR (2012) A Contracting State cannot avoid the obligations to grant its nationality to a person who would otherwise be stateless based on its own interpretation of another Statersquos nationality laws The burden of proof must be shared between the claimant and the authorities Decision-makers must consider Articles 3 amp 7 CRC and adopt an appropriate standard of proof Special procedural considerations to address the acute challenges faced by children in communicating basic facts about their nationality should be respected

No TLAS

PRS1e

Is a stateless child born on the territory required to fulfil a period of residence to be granted nationality If yes please specify length and if this must be legal residence

UN Convention on the Reduction of Statelessness 1961 Article 1(2) UNHCR (2012) States may stipulate that an otherwise stateless individual born in its territory fulfils a period of lsquohabitual residencersquo (understood as stable factual residence not legal or formal residence) not exceeding five years preceding an application nor ten years in all Convention on the Rights of the Child 1989 Articles 3 amp 7 Committee on the Rights of the Child (2015) Recommends the State party ensure that all stateless children born in its territory irrespective of residency status have access to nationality without any conditions European Convention on Nationality 1997 Article 6(2)(b)

No TLAS

PRS1f

Are the parents of a stateless child required to fulfil a period of residence for the child to be granted nationality If

Committee on the Rights of the Child (2011) The outcome of an application by the parents of a child born on the territory should not prejudice the right

No Granting of nationality is automatic once proven that the child is born on the territory and may remain stateless based on any reason that is presented This is not related to the residency of the parents or child

Article 71 of law no 1132020 ldquoOn Nationalityrdquo(ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-



yes please specify length and if this must be legal residence

of the child to acquire the nationality of the State ENS (2015) Demanding that the child or their parents reside lawfully on the territory is prohibited by the 1961 Convention

41b8463bbf62q=ligj20per20shtetesine

PRS1g

What are the age limits (if any) for making an application for nationality for a stateless person born on the territory

UN Convention on the Reduction of Statelessness 1961 Article 1(2) UNHCR (2012) Contracting States need to accept applications lodged at a time beginning not later than the age of 18 and ending not earlier than the age of 21 ENS (2015) Closing the window of opportunity to apply for a nationality has the effect of leaving it in the hands of parents to take the necessary steps to secure a nationality for their child

There is no age limit Article 71 of law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine

PRS1h

Are there specific provisions to protect the right to a nationality of children born to refugees

UNHCR (2012) Where the nationality of the parents can be acquired through a registration or other procedure this will be impossible owing to the very nature of refugee status which precludes refugee parents from contacting their consular authorities

There are no specific provisions to protect the right to a nationality of children born to refugees

Articles 40-41 Law 10129 of 11052009 On Civil Status as amended

PRS2a Foundlings

Are foundlings granted nationality automatically by law If not automatic please describe the procedure

UN Convention on the Reduction of Statelessness 1961 Article 2 European Convention on Nationality 1997 Article 6(1)(b)

Yes The law stipulates that lsquoA child born or found within the territory of the Republic of Albania and who may remain stateless acquires Albanian nationalityrsquo


PRS2b

Is there an age limit (eg lsquonew-bornrsquo or lsquoinfantrsquo) in law or practice specifying when a foundling would qualify for nationality

UNHCR (2012) At a minimum the safeguard should apply to all young children who are not yet able to communicate information about the identity of their parents or their place of birth

No Article 71 of law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine

PRS2c

Can nationality be withdrawn from foundlings if this leads to statelessness

UNHCR (2012) Nationality acquired by foundlings may only be lost if it is proven that the child possesses another nationality

Albanian nationality cannot be withdrawn without the promise of acquiring another nationality or if this leads to statelessness Under Article 71 if the parents of the foundling are known before the child has reached the age of 14 and they have a foreign nationality Albanian nationality may be waived on request of the parents provided that this does not leave the child stateless Article 13b contains the explicit safeguard against statelessness It stipulates that lsquoA person can renounce Albanian nationality when they make an application and do not remain stateless as a result of renouncing Albanian nationalityrsquo

Article 71 and article 13b of law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine

PRS3a Adoption

Where a child national is adopted by foreign parent(s) does the child lose their original nationality before the new nationality is acquired

UN Convention on the Reduction of Statelessness 1961 Article 5 ENS (2015) Children may be exposed to a (temporary) risk of statelessness during the adoption process due to the nationality law of the childrsquos country of origin

Following a 2020 amendment to the nationality law a child can no longer retain Albanian nationality when adopted by foreign parents if they acquire their adoptive parentsrsquo nationality The loss of Albanian nationality applies only after the child acquires the nationality of their adopted parents


PRS3b

Does a foreign child adopted by national parents acquire nationality Please specify any age limits andor risk of statelessness during the adoption process

European Convention on Nationality 1997 Article 6(4)(d) Committee on the Rights of the Child (2015) Ensure that the child is not stateless or discriminated against during the waiting period between arrival and formal adoption

Article 4 of Albanian nationality law provides that adoption is one of the ways of acquiring of Albanian nationality Article 10 regulates the acquisition of nationality by confirming that the adopted child acquires Albanian nationality if the adopter has Albanian nationality In case of adoption by two Albanian spouses of a child with other nationality or stateless the child acquires Albanian nationality The adopted child acquires Albanian nationality even when only one of the spouses is an Albanian national as well as in any other case when the child risks becoming stateless as a result of the adoption The necessary documentation for the acquisition of Albanian nationality by adoption according to the provisions of the article is determined by instruction of the Minister These instructions have not yet been drafted at the time writing (February 2021) The adoption is carried out through a

Articles 4 amp 10 of law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine Articles 442 onwards Civil Procedural Code (ALB) httpsqbzgovalpreview63ca3bd6-ed1c-42d4-a44f-05c970f7714d



court decision and Albanian nationality is granted to the child once the court decision if final A Court decision becomes final 15 days after the notification of the court decision and if the case is not appealed in a higher court Otherwise the Appeal Court decision is final

PRS4a Ius sanguinis

Can children born to nationals abroad acquire nationality by descent (ius sanguinis) in general andor if they would otherwise be stateless

UN Convention on the Reduction of Statelessness 1961 Article 4 UNHCR (2012) Where a child who would otherwise be stateless is born to parents of another Contracting State but does not acquire the nationality of the State of birth responsibility falls to the Contracting State of the parents to grant its nationality to the child

Yes A child born abroad to at least one parent with Albanian nationality automatically acquires Albanian nationality


PRS4b

Are there any discriminatory conditions in law andor practice for the acquisition of nationality by descent (eg differential treatment of children born out of wedlock rights of fathermothersame-sex parents to confer nationality etc)

Genovese v Malta ECtHR (2011) The state must ensure that the right to nationality is secured without discrimination CEDAW Gen rec No 32 2014 Requires States parties to ensure that women and men have equal rights to confer their nationality to their children and that any obstacles to practical implementation of such laws are removed UNHCR (2014) Action 4

Children born out of wedlock have the same rights and obligations as children born in wedlock Father and mother share the same equal rights and obligations and no difference is made in law for the acquisition by descent by mother or father However same-sex partnerships are not legally recognised in the Republic of Albania Marriage can only be made between a man and a woman Cohabitation is recognised as a factual union between a man and a woman living as a couple characterised by a life together that represents a character of stability and continuity It is not clear how same-sex parents may jointly confer nationality to a child in practice

Articles 4 7 amp 163 Law 9062 of 852003 Family Code (ALB) httpsqbzgovalpreview615c6db4-cfa8-4800-ba51-0444026e441d

PRS5a Birth registration

Does the law provide that all children are registered immediately upon birth regardless of the legal status andor documentation of parents

Convention on the Rights of the Child 1989 Article 7 International Covenant on Civil and Political Rights 1966 Article 24(2) Council of Europe (2009) Member states should register the birth of all children born on their territory even if they are born to a foreign parent with an irregular immigration status or the parents are unknown UNHCR (2012) Article 7 CRC applies irrespective of the nationality statelessness or residence status of the parents UNHCR (2014) Action 7 UN Sustainable Development Goal 169

Yes The law provides for the childrsquos right to free birth registration lsquoimmediately after birthrsquo This right is also granted to children born outside the territory of the Republic of Albania at the request of the parent or guardian The child also has a right to a name nationality to know their parents and enjoy their care as much as possible They have the right to retain their identity including the determination of surname the acquisition of nationality and the recognition of family ties However in practice children have difficulties accessing birth registration if parents are undocumented or have irregularities in their documentation A considerable number of children born to Albanian parents abroad have difficulties registering and acquiring Albanian nationality due to the falseirregular identification documents held by parents A child born to foreign parents in Albania can acquire Albanian nationality only if the parents prove their legal residency (see PRS1h) The most recent changes to the Civil Status Law brought significant improvements to the mandatory reporting requirements for birth registration All health entities with the right to certify the birth are obliged to send all relevant documentationnotifications to the civil status office of the parentsrsquo place of residence The law also now provides for the creation of a temporary birth register to document births that are reported by health institutions but not yet declared by the parents The law also provides that if the registration is not completed within 60 days the civil registrar must inform the local child protection unit which takes action to assess the situation and register the birth of the child at the civil status office TLAS has published a manual to support implementation of these changes

Law no 182017 of 2322017 On Child Rights and Protection (ALB) httpsqbzgovaleliligj2017022318-2017a7b5c582-78fa-4109-beca-a0c7b48a2c8cq=ligj20per20te20drejtat20dhe20mbrojtjen20e20femijes202020202020 TLAS practice

Article 41 Law no10129 of 11052009 On Civil Status as amended by Decision no 52 of 1122011 of the Constitutional Court with Law no 1352013 and Law no 1342016 and Law no 692018 (ALB) httpsqbzgovaleliligj2009051110129c3ee244a-d790-4989-9a33-14ec398126c5q=ligj20per20gjendjen20civile

TLAS 2020 Manual on birth registration and Instruction No 870 Dated 24122018 Instruction no 285 dated 11032019 Instruction no 284 dated 11032019 (ALB) httpswwwtlasorgalsitesdefaultfilesUdhezues20Final_compressedpdf

PRS5b

Are all children issued with birth certificates upon registration If no please describe legal status of documentation issued

UN Human Rights Council Resolution AHRCRES204 Underscores the importance of effective birth registration and provision of documentary proof of birth irrespective of immigration status and that of parents or family members Committee on the Rights of Migrant Workers and Members of their Families amp Committee on the Rights of

Yes All children born in or outside a healthcare institution must be documented The Law on Civil Status provides that the fact time place of birth gender and maternity are certified with the certificate of maternity assistance with a medical report or minutes drawn up at the time of birth certified by the medical staff present train manager or captain head of prison or military unit public

Article 38 amp 42 Law no10129 of 11052009 On Civil Status as amended by Decision no 52 of 1122011 of the Constitutional Court with Law no 1352013 and Law no 1342016 and Law no 692018 (ALB) httpsqbzgovaleliligj2009051110129c3ee244a-d790-4989-9a33-14ec398126c5q=ligj20per20gjendjen20civile



the Child (2017) Take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates irrespective of their migration status or that of their parents

order body or officials of diplomatic missions abroad in the absence of medical personnel In the absence of required documentation the confirmation of the fact of birth can be proved through the court The above documents serve for the completion of the birth act The birth act legally certifies the birth and is the record of birth containing the ordinal number date of keeping and civil status office full date and time of birth place of birth name and surname determined according to the legal provisions in force identity number of the child gender nationality whether the child was born twin or Siamese identity number and identity of the mother identity number and the identity of the father when known according to the legal provisions in force identity identity number and quality of the declarant identity number name and surname of the translator (for Albanian children born abroad with a foreign birth act)

PRS5c

Is the childrsquos nationality determined or recorded upon birth registration If yes please describe how and by whom (eg if the motherfatherrsquos nationality is recorded andor automatically attributed to the child if therersquos a formal procedure if information on both parents is recorded etc)

Convention on the Rights of the Child 1989 Articles 3 amp 7

Yes The nationality of the child is determined and recorded upon birth registration The procedure of keeping the act of birth and the information it contains is set in Article 42 of the Law on Civil Status If the parents are Albanian nationals their nationality is confirmed in the electronic register of nationals and is automatically attributed to the child If the parents are foreign nationals with legal residency in Albania their residency is verified and the child is granted either Albanian nationality or the nationality of the parents based on their will If the parents are undocumented or residing without legal residence in Albania or stateless the child will be registered based on the declaration of the parents This is not specifically regulated in law but general rules will apply combined and based on practice

Article 42 Law no10129 of 11052009 On Civil Status as amended by Decision no 52 of 1122011 of the Constitutional Court with Law no 1352013 and Law no 1342016 and Law no 692018 (ALB) httpsqbzgovaleliligj2009051110129c3ee244a-d790-4989-9a33-14ec398126c5q=ligj20per20gjendjen20civile TLAS practice

PRS5d

If a childrsquos nationality is not determined or recorded upon birth registration is there a legal framework to determine the childrsquos nationality later If yes please describe the procedure including the legal grounds deadlines and competent authority

Convention on the Rights of the Child 1989 Articles 3 amp 7 UN Convention on the Reduction of Statelessness 1961 Articles 1 amp 4 UNHCR (2012) States need to determine whether a child would otherwise be stateless as soon as possible so as not to prolong a childrsquos status of undetermined nationality Such a period should not exceed five years

No Later determination of the childrsquos nationality is not stipulated in law In cases where the nationality is wrongly attributed the general rules of Article 36 apply which stipulate that when material errors are noticed in the National Register or a column is found that does not reflect the relevant component (or a component is missing) the head of the civil status office makes the correction or completion


PRS5e

Are there credible reports to suggest that children are prevented from registering in practice because of parentsrsquo legal status or other reasons (please specify)

Committee on the Rights of Migrant Workers and Members of their Families amp Committee on the Rights of the Child (2017) Urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates irrespective of their migration status or that of their parents Legal and practical obstacles to birth registration should be removed Global Compact for Safe Orderly and Regular Migration States will contribute resources and expertise to strengthen the capacity of national civil registries to facilitate timely access by refugees and stateless persons to civil and birth registration Global Compact on Refugees States commit to fulfil the right of all individuals to a legal identity and ensure that migrants are issued documentation and civil registry documents European Parliament Resolution (2019) Calls on Member States to take immediate corrective measures to stop discriminatory birth registration

Yes There is evidence that children face barriers to accessing birth registration including due to parentsrsquo legal status Over the years the law has progressively changed and the latest amendments to the Civil Status Law (692018) have reduced these barriers especially for children born abroad to Albanian parents who have problems with their legal status This was recognised in the EUrsquos 2019 Progress Report on Albania which stated In October 2018 the Parliament of Albania adopted legal amendments to the countryrsquos civil registration law The aim of these amendments was to remove barriers to birth registration and reduce the risk of childhood statelessness in Albania particularly for children of Albanian parents born outside the country and for children of the Roma and Egyptian communitiesrdquo

COMMISSION STAFF WORKING DOCUMENT Albania 2019 Report Accompanying the Commission Communication on EU Enlargement Policy COM(2019) 260 final p29 httpseceuropaeuneighbourhood-enlargementsitesnearfiles20190529-albania-reportpdf

TLAS 2013 report on the Assessment of feasibility for the electronic registration of child births in Albania httpswwwtlasorgalsitesdefaultfilesTLAS_FINAL_REPORT__STUDY_ELECTRONIC_BIRTH2020REGISTRATION_UNICEF_2013pdf

TLAS amp ENS 2015 Ending Childhood Statelessness Report on Albania httpswwwtlasorgalsitesdefaultfilesENS20-20TLASpdf

TLAS ENS ERRC amp ISI 2018 Roma Belong Report on Statelessness Discrimination and Marginalisation of Roma in Albania httpswwwtlasorgalsitesdefaultfilesroma-belong-albania-english-language-ilovepdf-compressed_0pdf

TLAS amp UNHCR 2018 Mapping the Population at Risk of Statelessness in



Albania httpswwwtlasorgalsitesdefaultfilesMapping20of20the20population20at20risk20of20statelessness_englishcompressedpdf

PRS5f

Are there mandatory reporting requirements that would deter undocumented parents from coming forward to register their children (eg health or civil registry authorities required to report undocumented migrants)

Committee on the Rights of Migrant Workers and Members of their Families amp Committee on the Rights of the Child JGC No 4 (2017) and JGC No 3 (2017) Legal and practical obstacles to birth registration should be removed including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities and not requiring parents to produce documentation regarding their migration status Childrenrsquos personal data in particular biometric data should only be used for child protection purposes Council of Europe ECRI General Policy Recommendation No 16(2016) on safeguarding irregularly present migrants from discrimination States should clearly prohibit the sharing of information about migrants suspected of irregular presence with immigration authorities These firewalls must be binding on state authorities and the private sector

No there is no specific provision in force that provides for the sharing of information between civil status offices andor health providers with immigration authorities However there is no ban in law and practice to prevent the sharing of such information

TLAS

PRS5g

Is there a statutory deadline for birth registration If yes please state the deadline and whether late birth registration is possible in law and practice

Committee on the Rights of Migrant Workers and Members of their Families amp Committee on the Rights of the Child (2017) Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration UN Human Rights Council Resolution AHRCRES204 Calls upon States to ensure free birth registration including free or low-fee late birth registration for every child

No Late birth registration is possible in law and practice The law sets a deadline of 60 days to incentivise birth registration Children registered within 60 days are entitled to monetary compensation If the registration is not completed within 60 days the civil registrar must inform the local child protection unit which takes action to assess the situation and register the birth of the child at the civil status office

Article 414 Law no10129 of 11052009 On Civil Status as amended by Decision no 52 of 1122011 of the Constitutional Court with Law no 1352013 and Law no 1342016 and Law no 692018 (ALB) httpsqbzgovaleliligj2009051110129c3ee244a-d790-4989-9a33-14ec398126c5q=ligj20per20gjendjen20civile TLAS 2020 Manual on birth registration and Instruction No 870 Dated 24122018 Instruction no 285 dated 11032019 Instruction no 284 dated 11032019 (ALB) httpswwwtlasorgalsitesdefaultfilesUdhezues20Final_compressedpdf

PRS5h

Are there additional requirements for late birth registration (eg fees documents court procedure) Please describe the procedure including the competent authority and procedural deadlines

As above No TLAS

PRS6a Reduction

Does the government have any programmes in place to promote civil registration (including birth registration) If yes please provide details

UNHCR (2014) Action 7 Work on promoting birth registration is mostly done by civil society organisations supported by international organisations rather than as part of a governmental programme TLAS has carried out extensive work in this area over the years in partnership with relevant government agencies The Government has mostly been supportive in promoting birth registration through different activities starting from awareness raising and advocacy to training and law improvement initiatives

TLAS

PRS6b

Are there particular sections of the population - such as minority groups or people affected by conflict - believed to be statelessat risk of statelessness Please provide details and source of information

UN Convention on the Reduction of Statelessness 1961 Article 9 UNHCR (2014) Action 4 UN Human Rights Council (2019) States should take legislative administrative and policy measures aimed at eliminating statelessness affecting minorities

It is considered that Roma in Albania are disproportionally affected by risk of statelessness due to their discrimination social exclusion and marginalisation TLAS and partners recommended that the Albanian Government should act to address structural discrimination against Roma in its 2018 Roma Belong report including prejudicial attitudes and negative stereotypes to ensure that Roma are not directly or indirectly discriminated against in their access to documentation enjoyment of their rights to a nationality and all other human rights The


Law no10129 of 11052009 On Civil Status as amended by Decision no 52



report also advised the Government to ensure that all civil registration and documentation procedures including birth registration are universally accessible by simplifying complex procedures and eliminating barriers related to cost time distance and bureaucracy Several of these recommendations have now been addressed through the recent changes made to the Civil Status Law

of 1122011 of the Constitutional Court with Law no 1352013 and Law no 1342016 and Law no 692018 (ALB) httpsqbzgovaleliligj2009051110129c3ee244a-d790-4989-9a33-14ec398126c5q=ligj20per20gjendjen20civile

PRS6c

Has the Government implemented any other measures specifically aimed at reducing (risk of) statelessness (eg identification registration or naturalisation campaigns removal of treaty reservations reform of discriminatory laws etc)

UN Convention on the Reduction of Statelessness 1961 UNHCR (2014) Actions 1 amp 8 UNHCR (2015) States parties to the 1954 Convention are required to help stateless persons become naturalised nationals

The Government implemented a number of reforms through recent amendments to the Civil Status Law and the Law on Nationality The Albanian Government also made three pledges at the UNHCR High Level Segment on Statelessness in October 2019 including to implement a dedicated SDP to fully implement 2018 legislative amendments that improve access to birth registration for children of Roma and Egyptian communities and children born abroad to Albanian nationals and to align its Law on Nationality with the key provisions of the 1961 and 1954 Conventions Provisions introduced through amendments to the Law on Nationality in 2020 established a full safeguard in law for otherwise stateless children born on the territory (although implementation is not yet clear)

Law no10129 of 11052009 On Civil Status as amended by Decision no 52 of 1122011 of the Constitutional Court with Law no 1352013 and Law no 1342016 and Law no 692018 (ALB) httpsqbzgovaleliligj2009051110129c3ee244a-d790-4989-9a33-14ec398126c5q=ligj20per20gjendjen20civile Results of the High-Level Segment on Statelessness httpswwwunhcrorgibelongresults-of-the-high-level-segment-on-statelessness Law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine

PRS7a Deprivation of nationality

Are there any provisions on deprivation of nationality that could render a person stateless Please state whether there is a safeguard against statelessness established in law and on what grounds deprivation of nationality may result in statelessness (eg national security fraud etc)

UN Convention on the Reduction of Statelessness 1961 Article 8 amp 9 European Convention on Nationality 1997 Article 7(3) Universal Declaration of Human Rights Article 15(2) Principles on Deprivation of Nationality and the Draft Commentary Principle 22 Deprivation of nationality refers to any loss withdrawal or denial of nationality that was not voluntarily requested by the individual Principles 4 5 amp 6 Report of the Secretary-General on Human Rights and Arbitrary Deprivation of Nationality (2009) para 23 UNHCR Guidelines on Statelessness No5 (2020) the prohibition of arbitrary deprivation of nationality also includes situations where there is no formal act by a State but where the practice of its competent authorities clearly shows that they have ceased to consider a particular individualgroup as national(s) (eg where authorities persistently refuse to issue or renew documents without providing an explanation or justification)

As a general rule no one can be arbitrarily deprived of Albanian Nationality Albanian nationals have the right to renounce their Albanian nationality provided they have acquired or been guaranteed another nationality by the relevant competent authority The law provides for deprivation of Albanian nationality where an application for nationality was knowingly based on incorrect data or forged documents There is a safeguard in place only to protect children from statelessness in such cases The safeguard does not apply to adults

Articles 3c amp 13 amp 15 of law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine

PRS7b

Who is the competent authority for deprivation of nationality and what procedural safeguards are in place (eg due process fair trial participation in the proceedings legal aid judicial oversight appeal time limit subject to prior sentencing)

UN Convention on the Reduction of Statelessness 1961 Article 8(4) European Convention on Nationality 1997 Article 11 Principles on Deprivation of Nationality Principle 7 Deprivation of nationality must be carried out in pursuance of a legitimate purpose provided for by law necessary proportionate and in accordance with procedural safeguards Principle 8 Everyone has the right to a fair trial or hearing and to an effective remedy and reparation

The competent authorities for nationality matters are the President of the Republic and the Ministry of Interior Deprivation of nationality is carried out by a Decree of the President of the Republic A request to renounce Albanian nationality should be made to the local representative of the State Police in a personrsquos place of residence Rules for the required documentation form and manner of completing this request are to be detailed in an Instruction of the Minister but this has not yet been drafted at the time of writing (February 2021) The Ministry checks whether the format of the request is correct but it has no right to evaluate the legal basis of the request only the President can determine whether it is supported by the law The law provides for the possibility to appeal against the Presidential decree to deprive a person of their nationality in the administrative court

Articles 165 17 18 20 of law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine



PRS7c

Are provisions on deprivation of nationality that may render a person stateless applied in practice

There is no information on how provisions are applied in practice


PRS7d

Are there safeguards in law and practice to prevent renunciation or other forms of voluntary loss of nationality from resulting in statelessness

UN Convention on the Reduction of Statelessness 1961 Article 7 European Convention on Nationality 1997 Articles 7 and 8

Yes The law provides that Albanian nationality ends upon request if the person does not remain stateless as a result of the renunciation The person must be able to document that they have another nationality or have been guaranteed this by the relevant competent authority The law provides that the person reacquires Albanian nationality if they do not acquire the promised nationality within a reasonable time subject to certain conditions

Articles 13b of law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine

PRS7e

Are there any provisions on deprivation of nationality in a national security context (regardless of whether they could render a person stateless) Please describe these provisions and ifhow they are applied in practice

Principles on Deprivation of Nationality Principle 4 States shall not deprive persons of nationality for the purpose of safeguarding national security Where provisions exist these should be interpreted narrowly and in accordance with international law standards

Yes The law permits deprivation of Albanian nationality in the case of naturalised nationals where the person supports carries out activities or is a member of organisations whose activities aim at violating the national security and the constitutional order of the Republic of Albania In this case deprivation takes place on the basis of information verified by competent law enforcement institutions or when the person has been convicted by a final court decision The person ceases to be an Albanian national at the moment of communication of the Presidential Decree and exceptionally if the decree cannot be communicated to them after its publication in the Official Gazette These provisions apply only to naturalised nationals and do not apply if they would render the person stateless


PRS7f

Are there any provisions on deprivation of nationality that directly or indirectly discriminate a person or group of persons on any ground prohibited under international law or that discriminate between nationals Please describe these provisions and ifhow they are applied in practice

ICCPR Article 26 UN Convention on the Reduction of Statelessness 1961 Article 9 European Convention on Nationality 1997 Article 5 Principles on Deprivation of Nationality Principle 6 Prohibited grounds for discrimination include race colour sex language religion political or other opinion national or social origin ethnicity property birth or inheritance disability sexual orientation or gender identity or other real or perceived status characteristic or affiliation Each State is also bound by the principle of non-discrimination between its nationals

Deprivation provisions apply only to naturalised Albanian nationals not Albanians by birth which is considered discriminatory

Article 15 Law no 1132020 ldquoOn Nationalityrdquo (ALB) httpsqbzgovaleliligj2020072911355eae8f6-f942-4df2-9481-41b8463bbf62q=ligj20per20shtetesine

Resources ndash 2020


Resources


RES1a Published judgments

Number of published judgments adjudicating statelessness (broken down by level of jurisdiction) Please list the most relevant ones

Due to the law on data protection and recommendations of the Commissioner for Protection from Discrimination Albanian Courts have restricted public access on ongoing court cases and court decisions Having no human resources to publish anonymised information a total ban has been imposed and access is only allowed to parties to a specific case through a special code that makes possible electronic navigation to the court caselaw TLAS research on the topic has shown that Albanian courts do not have case law on statelessness The Albanian Courts have adjudicated birth registration cases but no reference is made to statelessness nor risk of statelessness TLAS is one of the most specialised organisations providing legal aid for this type of case and keeps annual statistics In 2019 TLAS followed and supported the resolution of 530 cases of birth registration of children from 1 to 18 years of age Implementation of recent changes in the civil status law have also been tested in 2019 TLAS lawyers have referred to the new legal changes and bylaws in 221 cases including bull 47 cases of birth registration pursuant to Article 381 of the amended law have been resolved through a court decision bull 95 cases of birth registration for children missing the name in the act of birth have been resolved referring to Instruction 286 of 11032019 bull 79 cases of birth registration of children have been resolved in cooperation with Child Protection Units referring to Instruction 284 of 11032019

Notification of the court on restrictions to access cases and decisions (ALB) httpwwwgjykatatiranagovalpreviewdocphpfile_id=227 Information about TLAS activity and yearly statistics httpswwwtlasorgalsqbotimet-e-revistave-sipas-viteve

RES1b

Number of published judgments mentioning statelessness (broken down by level of jurisdiction) Please list the most relevant ones

See above

RES3a Pro Bono

Are there specialised lawyers or organisations providing free advice to stateless people or those at risk of statelessness If yes please describe

UNHCR (2014) Applicants must have access to legal counsel

TLAS is one of the leading organisations in the country providing free legal advice and court representation to persons at risk of statelessness and their families There are no other organisations specifically devoted to work on statelessness Other organisations and grassroots groups may be identified that provide support to children at risk or other vulnerable persons and mostly work on identification A number of cases that TLAS represents are referred by other partner organisations that identify and refer to TLAS for specialised representation of (risk of) statelessness cases

Information on TLAS activity wwwtlasorgal

RES4a Literature

Is there domestic academic literature on statelessness Please list and provide references and hyperlinks (where available)

There is almost no academic literature on the topic Only minimal academic literature on the topic of nationality could be identified

Gezim Krasniqi Albanian Citizenship Configurations in the Balkans in Central and Eastern European Migration Review Vol 6 No 1 2017 Krasniqi G Reinventing the state (e)migration and citizenship in Albania in Citsee Working Paper Series 272013 2013



International and Regional Instruments




UN Convention Relating to the Status of Stateless Persons 1954

Yes United Nations Treaty Collection (UNTC) httpstreatiesunorgPagesshowActionDetailsaspxobjid=0800000280032c0eampclang=_en

IOB1b


2442003 Official Publishing Centre (OPC) httpsqbzgovalelifz2003411ace9a64-e48a-47dd-b64b-6690eed103f9q=LIGJ20Nr20905720date202442003 Law no 9057 of 2442003

IOB1c


Best practice is no reservations If there are they should have little or no impact on the rights of stateless people

No reservations UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=0800000280032c0eampclang=_en

IOB1d


Best practice is that the Convention has direct effect though this may depend on the legal regime

Yes Constitution of the Republic of Albania Article 116 httpseuraliuseuindexphpenlibraryalbanian-legislationsend9-constitution178-constitution-of-the-republic-of-albania-en



UN Convention on the Reduction of Statelessness 1961

Yes UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=0800000280035b59ampclang=_en

IOB2b


852003 OPC httpsqbzgovalelifz20034764d3c994-7b15-4228-ad6d-934421bbfd69q=LIGJ2020Nr905920date20852003 Law no9059 of 852003

IOB2c


As above No UNTC httpstreatiesunorgPagesshowActionDetailsaspxobjid=0800000280035b59ampclang=_en

IOB2d


As above Yes Any international agreement that has been ratified constitutes part of the internal juridical system after it is published in the Official Journal of the Republic of Albania

Constitution of the Republic of Albania Article 116 121 122 httpseuraliuseuindexphpenlibraryalbanian-legislationsend9-constitution178-constitution-of-the-republic-of-albania-en

IOB3a Other conventions

State party to European Convention on Nationality 1997 Please list any reservations

European Convention on Nationality 1997

Yes COE Treaty Office httpswwwcoeintenwebconventionsfull-list-conventionstreaty166signaturesp_auth=S6QDjHd9 Law no 8942 of 1992002

IOB3b

State Party to European Convention on Human Rights 1950 Please list any relevant reservations

European Convention on Human Rights 1950

Yes No reservations COE Treaty Office httpswwwcoeintenwebconventionsfull-list-conventionstreatycountryALBp_auth=S6QDjHd9 Law no8137 of 3171996

IOB3c

State Party to Council of Europe Convention on the avoidance of statelessness in relation to State succession 2006 Please list any reservations

Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession 2006

No COE Treaty Office httpswwwcoeintenwebconventionsfull-list-conventionstreaty200signaturesp_auth=d396YmCF

IOB3d

Bound by Directive 2008115EC of the European Parliament and of the Council (EU Returns Directive) Please list any relevant reservations

Directive 2008115EC of the European Parliament and of the Council (EU Returns Directive)

NA NA

IOB3e

State Party to Convention on the Rights of the Child 1989 Please list any relevant reservations

Convention on the Rights of the Child 1989


IOB3f

State Party to International Covenant on Civil and Political

International Covenant on Civil and Political Rights 1966

Yes No reservations UNTC httpstreatiesunorgPagesshowAct





IOB3g




IOB3h




IOB3i




IOB3j




IOB3k




IOB3l













POP1b




POP1c




POP1d



POP1e




POP1f







POP1g









POP2b


As above No










SDS1b Training




TLAS

SDS1c












SDS16a












SDS16b












Detention







DET1b




DET1c





DET1d





DET1e




DET1f








DET1g










DET2b


As above










DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature








IOB3g




IOB3h




IOB3i




IOB3j




IOB3k




IOB3l













POP1b




POP1c




POP1d



POP1e




POP1f







POP1g









POP2b


As above No










SDS1b Training




TLAS

SDS1c












SDS16a












SDS16b












Detention







DET1b




DET1c





DET1d





DET1e




DET1f








DET1g










DET2b


As above










DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature













POP1b




POP1c




POP1d



POP1e




POP1f







POP1g









POP2b


As above No










SDS1b Training




TLAS

SDS1c












SDS16a












SDS16b












Detention







DET1b




DET1c





DET1d





DET1e




DET1f








DET1g










DET2b


As above










DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature







POP1g









POP2b


As above No










SDS1b Training




TLAS

SDS1c












SDS16a












SDS16b












Detention







DET1b




DET1c





DET1d





DET1e




DET1f








DET1g










DET2b


As above










DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature













SDS1b Training




TLAS

SDS1c












SDS16a












SDS16b












Detention







DET1b




DET1c





DET1d





DET1e




DET1f








DET1g










DET2b


As above










DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature







SDS16a












SDS16b












Detention







DET1b




DET1c





DET1d





DET1e




DET1f








DET1g










DET2b


As above










DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature











Detention







DET1b




DET1c





DET1d





DET1e




DET1f








DET1g










DET2b


As above










DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature






Detention







DET1b




DET1c





DET1d





DET1e




DET1f








DET1g










DET2b


As above










DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature







DET1g










DET2b


As above










DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature






DET3b





DET3c





DET3d




DET3e







DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature






DET3f




DET3g








No TLAS

DET4b





DET4c




TLAS





TLAS

DET5b












PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature













PRS1b





PRS1c





PRS1d



No TLAS

PRS1e



No TLAS

PRS1f










PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature









PRS1g




PRS1h





PRS2a Foundlings





PRS2b




PRS2c





PRS3a Adoption





PRS3b








PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature







PRS4a Ius sanguinis





PRS4b












PRS5b









PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature








PRS5c





PRS5d





PRS5e












PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature







PRS5f




TLAS

PRS5g





PRS5h


As above No TLAS

PRS6a Reduction



TLAS

PRS6b










PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature








PRS6c










PRS7b







PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature






PRS7c




PRS7d





PRS7e





PRS7f







Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature






Resources






RES1b


See above

RES3a Pro Bono





RES4a Literature




Documents

ENS Statelessness Index Survey 2020: Albania · 2021. 3. 19. · persons identified in Albania. Of this total, 3,874 were men and 3,569 were women. This number is based on the census